Common use of Level Four - Arbitration Clause in Contracts

Level Four - Arbitration. If the aggrieved person or group of persons is not satisfied with the disposition of his grievance at Level Three or if no written decision has been rendered within thirty (30) calendar days after the grievance was delivered to the JTC, he/she may request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is meritorious for further consideration, it must submit the grievance to the Public Employment Relations Commission for arbitration within ten (10) work days after receipt of the request by the aggrieved person and shall notify the JTC of such submission. The Arbitrator so selected shall confer with the representatives of the JTC and the Association, hold hearings promptly and shall issue his decision not later than thirty (30) calendar days from the date of the close of the hearing or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The Arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The Arbitrator shall be without power or authority to make a decision which requires the commission of an act prohibited by Law or which is in violation of the terms of this Agreement. The decision of the Arbitrator shall be submitted to the JTC and the Association and shall be final and binding on the parties. 5.5 The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the JTC and the Association. Any other expenses incurred shall be paid by the party incurring the same. 5.6 Any party in interest may be represented at all stages of the grievance procedure by himself/herself or at his/her option by a representative from the Association or the NJEA. Following Level One, the Association may process a grievance through all levels of the grievance procedure even though the aggrieved person or group of persons does not wish to do so. 5.7 No reprisals of any kind shall be taken by either party, the JTC and/or representatives or Association and/or representatives, against any party in interest or other participant in the grievance procedure by reason of such participation. 5.8 Decisions rendered at Level Two, Three and Four of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest. 5.9 All written grievances and decisions shall be filed in a separate grievance file, available to the Superintendent, the Association’s grievance representatives and the aggrieved person or persons, and shall not be kept in the personnel file of any of the participants. 5.10 All grievances shall be filed on a designated grievance form. 5.11 No meetings or hearings under this procedure shall be conducted in public unless requested by the grievant, and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this Article. 5.12 It is recognized by the parties that an award of an arbitrator is a public record.

Level Four - Arbitration. If (a) In the event that the aggrieved person or group of persons teacher is not satisfied with the disposition of his or her grievance at Level Three Three, or if in the event no written decision has been rendered within thirty with five (305) calendar days after he or she has met with the grievance was delivered to Board, he or she may, within five (5) days after a decision by the JTCBoard or ten (10) days after he or she has met with the Board, he/she may whichever is sooner, request in writing that the Association PR&R Committee submit the his or her grievance to arbitration, provided, however, that the grievance must be based upon an alleged breach of this Agreement. If the Association PR&R Committee determines that the grievance is meritorious for further considerationmeritorious, it must may by written notice to the Board, submit the grievance to the Public Employment Relations Commission for arbitration within fifteen (15) days after receipt of a request by the aggrieved teacher. The decision to submit the grievance to arbitration must be the responsibility of the PR&R Committee. (b) Within ten (10) work days after receipt written notice to seek arbitration has been given to the Board, the Association shall submit a demand for arbitration to the American Arbitration Association in Hartford. Selection of an Arbitrator shall be in accordance with the Voluntary Rules for Labor Arbitration of the request by the aggrieved person and shall notify the JTC of such submission. American Arbitration Association. (c) The Arbitrator so selected shall confer with the representatives of the JTC and the Association, hold hearings promptly and unless extended by mutual agreement, shall issue his or her decision not later than thirty (30) calendar days from the date of the close closing of the hearing hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/him or her. The Arbitrator shall hear only one grievance at a time unless the parties agree otherwise. The Arbitrator’s decision shall be in writing and shall set forth his/his or her findings of fact, reasoning, reasoning and conclusions on the issues submitted. The Arbitrator shall derive his or her authority from the Agreement and shall be without power or authority to alter, amend, delete or disregard provisions of the Agreement. The Arbitrator shall be without power or authority to make a any decision which requires the commission of an act prohibited by Law law or which is in violation violative of the terms of this the Agreement. The decision of the Arbitrator shall be submitted to the JTC Board and to the Association and and, subject to law, shall be final and binding on the partiesbinding. 5.5 (d) The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary traveltravel and subsistence expenses, subsistence expenses and the cost of the hearing room shall be borne equally by the JTC Board and the Association. Any other expenses incurred shall be paid by the party incurring the same. 5.6 Any party in interest may be represented at all stages of the grievance procedure by himself/herself or at his/her option by a representative from the Association or the NJEA. Following Level One, the Association may process a grievance through all levels of the grievance procedure even though the aggrieved person or group of persons does not wish to do so. 5.7 No reprisals of any kind shall be taken by either party, the JTC and/or representatives or Association and/or representatives, against any party in interest or other participant in the grievance procedure by reason of such participation. 5.8 Decisions rendered at Level Two, Three and Four of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest. 5.9 All written grievances and decisions shall be filed in a separate grievance file, available to the Superintendent, the Association’s grievance representatives and the aggrieved person or persons, and shall not be kept in the personnel file of any of the participants. 5.10 All grievances shall be filed on a designated grievance form. 5.11 No meetings or hearings under this procedure shall be conducted in public unless requested by the grievant, and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this Article. 5.12 It is recognized by the parties that an award of an arbitrator is a public record.

Level Four - Arbitration. If (a) In the event that the aggrieved person or group of persons teacher is not satisfied with the disposition of his or her grievance at Level Three Three, or if in the event no written decision has been rendered within thirty with five (305) calendar days after he or she has met with the grievance was delivered to Board, he or she may, within five (5) days after a decision by the JTCBoard or ten (10) days after he or she has met with the Board, he/she may whichever is sooner, request in writing that the Association PR&R Committee submit the his or her grievance to arbitration, provided, however, that the grievance must be based upon an alleged breach of this Agreement. If the Association PR&R Committee determines that the grievance is meritorious for further considerationmeritorious, it must may by written notice to the Board, submit the grievance to the Public Employment Relations Commission for arbitration within fifteen (15) days after receipt of a request by the aggrieved teacher, and no later than twenty-five (25) days after the grievant has met with the Board. The decision to submit the grievance to arbitration must be the responsibility of the PR&R Committee. (b) Within ten (10) work days after receipt written notice to seek arbitration has been given to the Board, the Association shall submit a demand for arbitration to the American Arbitration Association in Hartford. Selection of an Arbitrator shall be in accordance with the Voluntary Rules for Labor Arbitration of the request by the aggrieved person and shall notify the JTC of such submission. American Arbitration Association. (c) The Arbitrator so selected shall confer with the representatives of the JTC and the Association, hold hearings promptly and unless extended by mutual agreement, shall issue his or her decision not later than thirty (30) calendar days from the date of the close closing of the hearing hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues briefs are submitted to him/him or her. The Arbitrator shall hear only one grievance at a time unless the parties agree otherwise. The Arbitrator’s decision shall be in writing and shall set forth his/his or her findings of fact, reasoning, reasoning and conclusions on the issues submitted. The Arbitrator shall derive his or her authority from the Agreement and shall be without power or authority to alter, amend, delete or disregard provisions of the Agreement. The Arbitrator shall be without power or authority to make a any decision which requires the commission of an act prohibited by Law law or which is in violation violative of the terms of this the Agreement. The decision of the Arbitrator shall be submitted to the JTC Board and to the Association and and, subject to law, shall be final and binding on the partiesbinding. 5.5 (d) The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary traveltravel and subsistence expenses, subsistence expenses and the cost of the hearing room shall be borne equally by the JTC Board and the Association. Any other expenses incurred shall be paid by the party incurring the same. 5.6 Any party in interest may be represented at all stages of the grievance procedure by himself/herself or at his/her option by a representative from the Association or the NJEA. Following Level One, the Association may process a grievance through all levels of the grievance procedure even though the aggrieved person or group of persons does not wish to do so. 5.7 No reprisals of any kind shall be taken by either party, the JTC and/or representatives or Association and/or representatives, against any party in interest or other participant in the grievance procedure by reason of such participation. 5.8 Decisions rendered at Level Two, Three and Four of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest. 5.9 All written grievances and decisions shall be filed in a separate grievance file, available to the Superintendent, the Association’s grievance representatives and the aggrieved person or persons, and shall not be kept in the personnel file of any of the participants. 5.10 All grievances shall be filed on a designated grievance form. 5.11 No meetings or hearings under this procedure shall be conducted in public unless requested by the grievant, and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this Article. 5.12 It is recognized by the parties that an award of an arbitrator is a public record.

Level Four - Arbitration. a. If the aggrieved person or group of persons is not satisfied with the disposition of his grievance at Level Three or if no written decision has been rendered within thirty fourteen (3014) calendar school days after the grievance was delivered to the JTCBoard, he/she may request he may, within five (5) school days after the grievance was delivered to the Board, whichever is sooner, re- quest in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is meritorious for further considerationmeritorious, it must may submit the grievance to arbitration within fifteen b. Within ten (10) school days after such written notice of submission to arbitra- tion, the Board and the Association shall attempt to agree upon a mutually ac- ceptable arbitrator and shall obtain a commitment from said arbitrator to service. If the Parties are unable to agree upon an arbitrator or to obtain such a commit- ment within the specified period, a request for a list of arbitrators may be made to the New Jersey Public Employment Relations Commission for arbitration within ten (10) work days after receipt by either Party. The Parties shall then be bound by the rules and procedures of the request by New Jersey Public Employment Relations Commission in the aggrieved person and shall notify the JTC selection of such submission. an arbitrator. c. The Arbitrator so selected shall confer with the representatives of the JTC Board and the Association, Association and hold hearings promptly and shall issue his decision not later than thirty twenty (3020) calendar days from the date of the close of the hearing hearings or, if oral hearings have been waived, then from the date the final statements and proofs proof on the issues are submitted to him/her. The Arbitratorarbitrator’s decision shall be in writing writing, and he shall set forth his/her his findings of fact, reasoning, or reasoning and conclusions on the issues submitted. The Arbitrator arbitrator shall be without power or authority to make a any decision which requires the commission of an act prohibited by Law law or which is in violation of the terms of this Agreement. The decision of the Arbitrator arbitrator shall be submitted to the JTC Board and the Association and shall be final and binding on the partiesbinding. 5.5 1. The arbitrator shall limit himself to the issue submitted and shall consider nothing else. 2. The arbitrator can neither alter, modify, add to nor subtract from any of the provi- sions of this Agreement between the Parties or any policy of the Board. 3. The determination of the arbitrator must be limited to the terms and/or conditions of the Agreement which are the subject of the grievance. Dispute involving ques- tions of unfair labor practice, scope of negotiations, questions of representation and other matters within the jurisdiction of the Public Employment Relations Commis- sion shall not be arbitral. 4. Questions on Administrative decisions or disputes which do not affect terms and conditions of employment which fall under the jurisdiction of the Commissioner of 5. Questions of constitutional issues may be challenged in courts but shall not be arbitral. 6. Only the Board and the aggrieved and representative shall be given copies of the arbitrator’s report of findings and recommendations. d. The costs for the services of the Arbitratorarbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing hear- ing room shall be borne equally by the JTC Board and the Association. Any other expenses incurred shall be paid by the party incurring the same. 5.6 Any party in interest may be represented at all stages of the grievance procedure by himself/herself or at his/her option by a representative from the Association or the NJEA. Following Level One, the Association may process a grievance through all levels of the grievance procedure even though the aggrieved person or group of persons does not wish to do so. 5.7 No reprisals of any kind shall be taken by either party, the JTC and/or representatives or Association and/or representatives, against any party in interest or other participant in the grievance procedure by reason of such participation. 5.8 Decisions rendered at Level Two, Three and Four of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest. 5.9 All written grievances and decisions shall be filed in a separate grievance file, available to the Superintendent, the Association’s grievance representatives and the aggrieved person or persons, and shall not be kept in the personnel file of any of the participants. 5.10 All grievances shall be filed on a designated grievance form. 5.11 No meetings or hearings under this procedure shall be conducted in public unless requested by the grievant, and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this Article. 5.12 It is recognized by the parties that an award of an arbitrator is a public record.

Level Four - Arbitration. a. If the aggrieved person or group of persons is not satisfied with the disposition of his grievance at Level Three or if no written decision has been rendered within thirty fourteen (3014) calendar school days after the grievance was delivered to the JTCBoard, he/she may request he may, within five (5) school days after the grievance was delivered to the Board, whichever is sooner, re- quest in writing that the Association submit the grievance to arbitration. If the Association theAssociation determines that the grievance is meritorious for further considerationmeritorious, it must may submit the grievance to arbitration within fifteen b. Within ten (10) school days after such written notice of submission to arbitra- tion, the Board and the Association shall attempt to agree upon a mutually ac- ceptable arbitrator and shall obtain a commitment from said arbitrator to service. If the Parties are unable to agree upon an arbitrator or to obtain such a commit- ment within the specified period, a request for a list of arbitrators may be made to the New Jersey Public Employment Relations Commission for arbitration within ten (10) work days after receipt by either Party. The Parties shall then be bound by the rules and procedures of the request by New Jersey Public Employment Relations Commission in the aggrieved person and shall notify the JTC selection of such submission. an arbitrator. c. The Arbitrator so selected shall confer with the representatives of the JTC Board and the Association, Association and hold hearings promptly and shall issue his decision not later than thirty twenty (3020) calendar days from the date of the close of the hearing hearings or, if oral hearings have been waived, then from the date the final statements and proofs proof on the issues are submitted to him/her. The Arbitratorarbitrator’s decision shall be in writing writing, and he shall set forth his/her his findings of fact, reasoning, or reasoning and conclusions on the issues submitted. The Arbitrator arbitrator shall be without power or authority to make a any decision which requires the commission of an act prohibited by Law law or which is in violation of the terms of this Agreement. The decision of the Arbitrator arbitrator shall be submitted to the JTC Board and the Association and shall be final and binding on the partiesbinding. 5.5 1. The arbitrator shall limit himself to the issue submitted and shall consider nothing else. 2. The arbitrator can neither alter, modify, add to nor subtract from any of the provi- sions of this Agreement between the Parties or any policy of the Board. 3. The determination of the arbitrator must be limited to the terms and/or conditions of the Agreement which are the subject of the grievance. Dispute involving ques- tions of unfair labor practice, scope of negotiations, questions of representation and other matters within the jurisdiction of the Public Employment Relations Commis- sion shall not be arbitral. 4. Questions on Administrative decisions or disputes which do not affect terms and conditions of employment which fall under the jurisdiction of the Commissioner of Education shall not be arbitral. 5. Questions of constitutional issues may be challenged in courts but shall not be arbitral. 6. Only the Board and the aggrieved and representative shall be given copies of the d. The costs for the services of the Arbitratorarbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing hear- ing room shall be borne equally by the JTC Board and the Association. Any other expenses incurred shall be paid by the party incurring the same. 5.6 Any party in interest may be represented at all stages of the grievance procedure by himself/herself or at his/her option by a representative from the Association or the NJEA. Following Level One, the Association may process a grievance through all levels of the grievance procedure even though the aggrieved person or group of persons does not wish to do so. 5.7 No reprisals of any kind shall be taken by either party, the JTC and/or representatives or Association and/or representatives, against any party in interest or other participant in the grievance procedure by reason of such participation. 5.8 Decisions rendered at Level Two, Three and Four of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest. 5.9 All written grievances and decisions shall be filed in a separate grievance file, available to the Superintendent, the Association’s grievance representatives and the aggrieved person or persons, and shall not be kept in the personnel file of any of the participants. 5.10 All grievances shall be filed on a designated grievance form. 5.11 No meetings or hearings under this procedure shall be conducted in public unless requested by the grievant, and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this Article. 5.12 It is recognized by the parties that an award of an arbitrator is a public record.

Level Four - Arbitration. If the aggrieved person or group of persons grievant is not satisfied with the disposition of his the grievance at Level Three Three, or if no written decision has been rendered within thirty ten (3010) calendar school days after he/she has first met with the grievance was delivered to the JTCBoard, he/she may may, within five (5) schools days after a decision by the Board or fifteen (15) school days after he/she has first meeting with the Board, whichever is sooner, request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is meritorious for further considerationinvolves the interpretation, meaning or application of any of the provisions of this Agreement, it must submit the grievance may, by written notice to the Public Employment Relations Commission for arbitration Superintendent within ten fifteen (1015) work school days after receipt of the request from the Grievant, submit the grievance to binding arbitration. If any question arises as to whether a particular dispute involves the interpretation, meaning or application of any of the provisions of this Agreement, the arbitrator selected to hear the dispute will first rule upon such question. In the event that a case is appealed to an arbitrator on which he has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits. Except as otherwise expressly provided in this Agreement, the hearing will be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time (hereinafter referred to as the “AAA RULES”). Within ten (10) school days after such written notice of submission to arbitration, the Superintendent and the Association will attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or obtain such a commitment within the ten (10) day period, a request for a list of five (5) arbitrators shall be made to the Employment Relations Board (hereinafter referred to as the “XXX”) by either party. Upon receipt of the aggrieved person and list of five (5) arbitrators, both parties shall notify strike one (1) name from the JTC of such submissionlist until one (1) name remains. The Arbitrator so first one to strike a name shall be determined by a flip of a coin. The arbitrator selected shall will confer with the representatives of the JTC Board and the Association, Association and hold hearings promptly and shall will issue his his/her decision not later than thirty (30) calendar days from the date of the close of the hearing hearings or, if oral hearings have been waived, then from the date of the final statements and proofs on the issues are submitted to him/her. The Arbitratorarbitrator’s decision shall will be in writing and shall will set forth his/her findings of factfacts, reasoning, reasonings and conclusions on the issues submitted. The Arbitrator shall arbitrator will be without power or authority to make a decision any decision, which requires the commission of an act act, prohibited by Law law or which is in violation of modifies, alters or amends the terms of this Agreement. The decision of the Arbitrator shall arbitrator will be submitted to the JTC Board and the Association and shall will be final and binding on upon the parties. 5.5 . The costs for the services of the Arbitratorarbitrator, including per diem expensesexpense, if any, and actual his/her travel and necessary travel, subsistence expenses and the cost costs of the any hearing room shall room, will be borne equally by the JTC Board and the Association. Any All other expenses incurred shall costs will be paid borne by the party incurring the samethem. 5.6 Any party in interest may be represented at all stages of the grievance procedure by himself/herself or at his/her option by a representative from the Association or the NJEA. Following Level One, the Association may process a grievance through all levels of the grievance procedure even though the aggrieved person or group of persons does not wish to do so. 5.7 No reprisals of any kind shall be taken by either party, the JTC and/or representatives or Association and/or representatives, against any party in interest or other participant in the grievance procedure by reason of such participation. 5.8 Decisions rendered at Level Two, Three and Four of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest. 5.9 All written grievances and decisions shall be filed in a separate grievance file, available to the Superintendent, the Association’s grievance representatives and the aggrieved person or persons, and shall not be kept in the personnel file of any of the participants. 5.10 All grievances shall be filed on a designated grievance form. 5.11 No meetings or hearings under this procedure shall be conducted in public unless requested by the grievant, and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this Article. 5.12 It is recognized by the parties that an award of an arbitrator is a public record.

Level Four - Arbitration. If the aggrieved person or group of persons is not satisfied with the disposition of his grievance at Level Three or if no written decision has been rendered within thirty (30) calendar days after the grievance was delivered to the JTCBoard, he/she may request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is meritorious for further consideration, it must submit the grievance to the Public Employment Relations Commission American Arbitration Association for arbitration within ten (10) work days after receipt of the request by the aggrieved person and shall notify the JTC Board of such submission. The Arbitrator so selected shall confer with the representatives of the JTC Board and the Association, hold hearings promptly and shall issue his decision not later than thirty (30) calendar days from the date of the close of the hearing or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The Arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The Arbitrator shall be without power or authority to make a decision which requires the commission of an act prohibited by Law or which is in violation of the terms of this Agreement. The Arbitrator cannot add to, delete from, or amend the terms of this Agreement. The decision of the Arbitrator shall be submitted to the JTC Board and the Association and Association. The decision of the Arbitrator shall be final and binding on upon the partiesparties when there is a claim by an employee, employees, or representatives of an employee or employees, that there has been a misinterpretation, misapplication, or a violation of any of the provisions of the Agreement. 5.5 D. The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the JTC and the Association. Any other expenses incurred shall be paid by the party incurring the sameparties. 5.6 E. Any party in interest may be represented at all stages of the grievance procedure by himself/herself or at his/her option by a representative from the Association or the NJEA. Following Level One, the Association may process a grievance through all levels of the grievance procedure even though the aggrieved person or group of persons does not wish to do so. 5.7 No reprisals of any kind shall be taken by either party, the JTC and/or representatives or Association and/or representatives, against any party in interest or other participant in the grievance procedure by reason of such participation. 5.8 . Decisions rendered at Level Two, Three and Four of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest. 5.9 All written grievances and decisions shall be filed in a separate grievance file, available to the Superintendent, the Association’s grievance representatives and the aggrieved person or persons, and shall not be kept in the personnel file of any of the participants. 5.10 All grievances shall be filed on a designated grievance form. 5.11 F. No meetings or hearings under this procedure shall be conducted in public unless requested by the grievant, and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this Article. 5.12 It is recognized by the parties that an award of an arbitrator is a public record.

Level Four - Arbitration. a. If the aggrieved person or group of persons is not satisfied with the disposition of his grievance at Level Three or if no written decision has been rendered within thirty fourteen (3014) calendar school days after the grievance was delivered to the JTCBoard, he/she may he may, within five (5) school days after the grievance was delivered to the Board, whichever is sooner, request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is meritorious for further considerationmeritorious, it must may submit the grievance to arbitration within fifteen (15) school days after receipt of a request by the aggrieved person. b. Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to service. If the Parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the New Jersey Public Employment Relations Commission for arbitration within ten (10) work days after receipt by either Party. The Parties shall then be bound by the rules and procedures of the request by New Jersey Public Employment Relations Commission in the aggrieved person and shall notify the JTC selection of such submission. an arbitrator. c. The Arbitrator so selected shall confer with the representatives of the JTC Board and the Association, Association and hold hearings promptly and shall issue his decision not later than thirty twenty (3020) calendar days from the date of the close of the hearing hearings or, if oral hearings have been waived, then from the date the final statements and proofs proof on the issues are submitted to him/her. The Arbitratorarbitrator’s decision shall be in writing writing, and he shall set forth his/her his findings of fact, reasoning, or reasoning and conclusions on the issues submitted. The Arbitrator arbitrator shall be without power or authority to make a any decision which requires the commission of an act prohibited by Law law or which is in violation of the terms of this Agreement. The decision of the Arbitrator arbitrator shall be submitted to the JTC Board and the Association and shall be final and binding on the partiesbinding. 5.5 1. The arbitrator shall limit himself to the issue submitted and shall consider nothing else. 2. The arbitrator can neither alter, modify, add to nor subtract from any of the provisions of this Agreement between the Parties or any policy of the Board. 3. The determination of the arbitrator must be limited to the terms and/or conditions of the Agreement which are the subject of the grievance. Dispute involving questions of unfair labor practice, scope of negotiations, questions of representation and other matters within the jurisdiction of the Public Employment Relations Commission shall not be arbitral. 4. Questions on Administrative decisions or disputes which do not affect terms and conditions of employment which fall under the jurisdiction of the Commissioner of Education shall not be arbitral. 5. Questions of constitutional issues may be challenged in courts but shall not be arbitral. 6. Only the Board and the aggrieved and representative shall be given copies of the d. The costs for the services of the Arbitratorarbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the JTC Board and the Association. Any other expenses incurred shall be paid by the party incurring the same. 5.6 Any party in interest may be represented at all stages of the grievance procedure by himself/herself or at his/her option by a representative from the Association or the NJEA. Following Level One, the Association may process a grievance through all levels of the grievance procedure even though the aggrieved person or group of persons does not wish to do so. 5.7 No reprisals of any kind shall be taken by either party, the JTC and/or representatives or Association and/or representatives, against any party in interest or other participant in the grievance procedure by reason of such participation. 5.8 Decisions rendered at Level Two, Three and Four of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest. 5.9 All written grievances and decisions shall be filed in a separate grievance file, available to the Superintendent, the Association’s grievance representatives and the aggrieved person or persons, and shall not be kept in the personnel file of any of the participants. 5.10 All grievances shall be filed on a designated grievance form. 5.11 No meetings or hearings under this procedure shall be conducted in public unless requested by the grievant, and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this Article. 5.12 It is recognized by the parties that an award of an arbitrator is a public record.

Level Four - Arbitration. a. If the aggrieved person or group of persons is not satisfied with the disposition of his his/her grievance at Level Three or if no written decision has been rendered within thirty fifteen (3015) calendar days after the hearing with the Board, he/she may take such further steps as are provided by law; provided, however, that if the grievance was delivered to the JTCis based solely upon an alleged breach of this Agreement, he/she may request in writing, of the President of the Association, that his/her grievance be submitted to arbitration and the Association shall file in writing for arbitration within twenty (20) days receipt of the Board’s decision or the date that the Board’s decision was due under this provision (thirty-five (35) days after the hearing by the Board, in which case the parties shall proceed in accordance with such of the remaining paragraphs of this Section as are applicablewith the Board). b. Within thirty (30) days of the Level Three hearing, the Association shall determine whether or not to submit the grievance to arbitrationarbitration and shall, if the grievance is to be submitted, then file a demand for arbitration with simultaneous written notice to the Board. c. The designee of the Board and the designee of the Association shall, jointly select a single arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree upon an arbitrator, the American Arbitration Association determines that shall be called upon to select the grievance is meritorious for further consideration, it must submit single arbitrator in accordance with the grievance to the Public Employment Relations Commission for arbitration within ten (10) work days after receipt Labor Arbitration Rules of the request by the aggrieved person and American Arbitration Association governing labor disputes. d. The arbitrator selected, shall notify the JTC of promptly take such submission. The Arbitrator so selected shall confer with the representatives steps as he/she deems necessary to dispose of the JTC and the Associationgrievance. e. The arbitrator shall, hold hearings promptly and shall issue his decision not later than thirty (30) calendar days from the date of the close of the hearing oras soon as possible, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The Arbitrator’s decision shall be in writing and shall set forth render his/her findings of fact, reasoning, and conclusions on the issues submitted. The Arbitrator shall be without power or authority decision in writing to make a decision which requires the commission of an act prohibited by Law or which is all parties in violation of the terms of this Agreementinterest. The decision of the Arbitrator shall be submitted to the JTC and the Association and arbitrator shall be final and binding on upon all parties in interest, but the partiesdecision shall not be binding or cited as controlling precedent with regard to any other dispute. 5.5 f. The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room arbitrator shall be borne equally by the JTC Board and the Association. Any other expenses incurred shall be paid by the party incurring the same. 5.6 Any party in interest may be represented at all stages of the grievance procedure by himself/herself or at his/her option by a representative from the Association or the NJEA. Following Level One, the Association may process a grievance through all levels of the grievance procedure even though the aggrieved person or group of persons does not wish to do so. 5.7 No reprisals of any kind shall be taken by either party, the JTC and/or representatives or Association and/or representatives, against any party in interest or other participant in the grievance procedure by reason of such participation. 5.8 Decisions rendered at Level Two, Three and Four of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest. 5.9 All written grievances and decisions shall be filed in a separate grievance file, available to the Superintendent, the Association’s grievance representatives and the aggrieved person or persons, and shall not be kept in the personnel file of any of the participants. 5.10 All grievances shall be filed on a designated grievance form. 5.11 No meetings or hearings under this procedure shall be conducted in public unless requested by the grievant, and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this Article. 5.12 It is recognized by the parties that an award of an arbitrator is a public record.

Level Four - Arbitration. a. If a grievance concerns interpretation, application or violation of the aggrieved person or group of persons Agreement and if the Association and/or the secretary is not satisfied with the disposition of his his/her grievance at Level Three Three, or if no written decision has been rendered within thirty twenty (3020) calendar working days after the grievance was delivered to the JTCBoard, he/she may request in writing that the Association submit the grievance to arbitration. If the Association Association, if it determines that the grievance is meritorious for further considerationby decision of its grievance committee may, it must within five (5) working days after a decision by the Board or twenty-five (25) working days after the grievance was delivered to the Board, whichever is sooner, submit the grievance to the Public Employment Relations Commission for arbitration within arbitration. b. Within ten (10) work working days after receipt such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the American Arbitration Association or the Public Employee Relations Commission by either party. The parties shall then be bound by the rules and procedures of the request by American Arbitration Association or the aggrieved person and shall notify Public Employees Relation Commission in the JTC selection of such submission. an arbitrator. c. The Arbitrator arbitrator so selected shall confer with the representatives of the JTC Board and the Association, Association and hold hearings promptly and shall issue his his/her decision not later than thirty twenty (3020) calendar days from the date of the close of the hearing hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The Arbitrator’s arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, reasoning and conclusions on the issues submitted. The Arbitrator arbitrator shall be without power or authority to make a decision any decision, which requires the commission of an act prohibited by Law law or which is in violation violative of the terms of this Agreement. The decision award of the Arbitrator arbitrator shall be submitted to the JTC and the Association and shall be final and binding on the partiesparties for grievances concerning the express terms of this Agreement only and advisory for all other grievances. 5.5 d. In the event that arbitrability of a grievance is at issue between the parties, jurisdiction to resolve the issue shall rest solely with the arbitrator selected in accordance with the provisions of Section C (6) (b) of this Article. e. The costs for the services of the Arbitratorarbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the JTC Board and the Association. Any other expenses incurred shall be paid by the party incurring the same. 5.6 Any party in interest may be represented at all stages of the grievance procedure by himself/herself or at his/her option by a representative from the Association or the NJEA. Following Level One, the Association may process a grievance through all levels of the grievance procedure even though the aggrieved person or group of persons does not wish to do so. 5.7 No reprisals of any kind shall be taken by either party, the JTC and/or representatives or Association and/or representatives, against any party in interest or other participant in the grievance procedure by reason of such participation. 5.8 Decisions rendered at Level Two, Three and Four of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest. 5.9 All written grievances and decisions shall be filed in a separate grievance file, available to the Superintendent, the Association’s grievance representatives and the aggrieved person or persons, and shall not be kept in the personnel file of any of the participants. 5.10 All grievances shall be filed on a designated grievance form. 5.11 No meetings or hearings under this procedure shall be conducted in public unless requested by the grievant, and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this Article. 5.12 It is recognized by the parties that an award of an arbitrator is a public record.

Level Four - Arbitration. a. If a grievance concerns interpretation, application or violation of the aggrieved person or group of persons Agreement and if the Association and/or the secretary is not satisfied with the disposition of his his/her grievance at Level Three three, or if no written decision has been rendered within thirty twenty (3020) calendar working days after the grievance was delivered to the JTCBoard, he/she may request in writing that the Association submit the grievance to arbitration. If the Association Association, if it determines that the grievance is meritorious for further considerationby decision of its grievance committee may, it must within five (5) working days after a decision by the Board or twenty-five (25) working days after the grievance was delivered to the Board, whichever is sooner, submit the grievance to the Public Employment Relations Commission for arbitration within arbitration. b. Within ten (10) work working days after receipt such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the American Arbitration Association or the Public Employee Relations Commission by either party. The parties shall then be bound by the rules and procedures of the request by American Arbitration Association or the aggrieved person and shall notify Public Employees Relation Commission in the JTC selection of such submission. an arbitrator. c. The Arbitrator arbitrator so selected shall confer with the representatives of the JTC Board and the Association, Association and hold hearings promptly and shall issue his his/her decision not later than thirty twenty (3020) calendar days from the date of the close of the hearing hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The Arbitrator’s arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, reasoning and conclusions on the issues submitted. The Arbitrator arbitrator shall be without power or authority to make a decision any decision, which requires the commission of an act prohibited by Law law or which is in violation violative of the terms of this Agreement. The decision award of the Arbitrator arbitrator shall be submitted to the JTC and the Association and shall be final and binding on the partiesparties for grievances concerning the express terms of this Agreement only and advisory for all other grievances. 5.5 d. In the event that arbitrability of a grievance is at issue between the parties, jurisdiction to resolve the issue shall rest solely with the arbitrator selected in accordance with the provisions of Section C (6) (b) of this Article. e. The costs for the services of the Arbitratorarbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the JTC Board and the Association. Any other expenses incurred shall be paid by the party incurring the same. 5.6 Any party in interest may be represented at all stages of the grievance procedure by himself/herself or at his/her option by a representative from the Association or the NJEA. Following Level One, the Association may process a grievance through all levels of the grievance procedure even though the aggrieved person or group of persons does not wish to do so. 5.7 No reprisals of any kind shall be taken by either party, the JTC and/or representatives or Association and/or representatives, against any party in interest or other participant in the grievance procedure by reason of such participation. 5.8 Decisions rendered at Level Two, Three and Four of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest. 5.9 All written grievances and decisions shall be filed in a separate grievance file, available to the Superintendent, the Association’s grievance representatives and the aggrieved person or persons, and shall not be kept in the personnel file of any of the participants. 5.10 All grievances shall be filed on a designated grievance form. 5.11 No meetings or hearings under this procedure shall be conducted in public unless requested by the grievant, and shall include only such parties in interest and their designated or selected representatives heretofore referred to in this Article. 5.12 It is recognized by the parties that an award of an arbitrator is a public record.